The Growing Concern about Mold · As the result of a series of high insurance payouts (claims were more than $5 billion in 2003 alone), insurance companies have adjusted their coverage.

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Part 1 of this series established thattoday’s “tighter” construction meth-ods have the potential to seal mois-

ture problems into a building. Mold is theresult of moisture and as such is not theproblem itself, but it is the symptom of amoisture problem. The difficulty is thatmany showers and other wet areas are notinstalled correctly, per industry standards,and this leads to moisture intrusion. Moldneeds food in order to grow, and a wetenvironment within wall cavities is just theright situation to enable mold to propa-gate. Gypsum water resistant green-boardand the organic mastic that’s typically usedto adhere the tile to the board are substan-tial food sources that perpetuate the growthof mold. They’re no longer recommendedfor wet areas. Cementitious mortar bedsand other backings are highly alkaline, andtherefore not a good source of food or afriendly environment for mold.

DEFINING THE PROBLEM Will Spates is president of Indoor

Environmental Technologies, Inc. and anindoor air quality professional. He pointsout that mold is a fungus, nature’s way ofrecycling organic matter back into the soil.It’s the direct result of moisture wherethere is an adequate nutritional source tofuel the growth of fungus. Mold repro-duces rapidly through microscopic sporesat the rate of millions per square inch!These spores are spread by air movementand are released into the environment allaround us.

Although it’s most often harmless,mold has the potential to degrade organicmaterials and can be present on a surface oractually permeate and colonize in materialscausing them to rot within. It is most dan-gerous when it is concealed in wall cavitieswhere a persistent moisture problem existswith an abundant supply of food.

by DONATOPOMPO

Part 2 of a series intended toclarify the facts about mold andbased on a panel sponsored byCTDA at Coverings 2006. Panelparticipants were Greg Mowat ofForensic Tile Consultants, a foren-sic tile investigator; Will Spates,president of Indoor EnvironmentalTechnologies, Inc. and an indoorair quality professional; DaveGobis, executive director of theCeramic Tile Education Foundationand a TCNA national installationtrainer; and Richard Kahanowich,a prominent attorney and seniorpartner with the law firmZimmerman & Kahanowitch of LosAngeles. Donato Pompo of CeramicTile and Stone Consultants, LLC wasthe moderator.

Mold::The Growing Concern about

LEGAL COMPLICATIONS

Photos courtesy Ceramic Tile and Stone Consultants LLC

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If a water-damaged area is not properly and promptly reme-diated, then mold spores that are typically present, will germinate,grow and multiply. This is often the case with damp buildingmaterials. Eventually those building materials will degrade andpotential negative effects from the mold will start to affect thequality of the indoor air.

Although mold is not a great health risk, some people arehyper-sensitive and have allergies that can be adversely affected bymold. Mold produces allergens and pathogens that can producemycotoxins, which are toxic substances that can cause allergicreactions such as sneezing, runny nose, red eyes, and skin rashes.Generally, only people with asthma or compromised immune sys-tems are likely to be adversely affected by mold. The AmericanIndustrial Hygiene Association has concluded that a substantialproportion of building-related illness (BRI) and sick building syn-drome (SBS) is associated with indoor moisture and mold con-tamination. They say there is an abundance of evidence frominvestigations that symptoms of eye, nose, and throat irritation aswell as cough and tiredness and fatigue are present in excessaround persons or populations in certain buildings subjected todampness and mold.

So mold does need to be controlled, but more to the point—water needs to be managed to avoid moisture intrusion problemsand the resulting damage, including mold. Slight surface instancesof mold can be cleaned off of finishes such as ceramic tile andstone with detergents and warm water. But when there is waterintrusion into wall cavities, a severe mold problem can develop.Special remediation may be required using containment tents toisolate affected areas, HVAC ventilation systems to control the airflow, and controlled containment and removal of the infectedareas to avoid cross-contamination of other areas of the building.These cases get very detailed and expensive, and require theemployment of Indoor Air Quality Professionals.

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THE LEGAL COMPLICATIONSAs the result of a series of high insurance payouts (claims

were more than $5 billion in 2003 alone), insurance companieshave adjusted their coverage. Damage from mold, like rust, rot,and mildew is specifically excluded in standard homeowners andcommercial property insurance policies. Mold contamination iscovered under these policies only if it is the result of a “coveredperil.” For example, the costs of cleaning up mold caused by waterfrom a burst pipe are covered under the policy because water dam-age from a burst pipe is a “covered peril.”

Some states have adopted legal remedies to the lawsuits.California’s SB 800 limits lawsuit claims by plaintiffs who mustshow cause and the resultant damage to validate their claim, andit provides a right to repair to encourage early resolution. Theinsurance industry responded by offering wrap-up insurance thatenables the builder to manage risk by covering all participants ona project under one policy. Wrap-ups benefit subcontractors byenabling them to obtain insurance to work on a project, for whichthey would otherwise not be able to secure insurance, and avoidclaims against their own loss history.

Installers are in a precarious position if mold is discoveredwhile they are performing remodeling work. In the past, installerswould largely ignore mold conditions when replacing faulty tileinstallations, but today they put themselves at risk if they don’taddress these issues. Installers should insist on having mold reme-diation experts evaluate major mold conditions; particularly if apersistent moisture problem is present.

POSITIVE STEPSThe good news is that in response to the flurry of news and

legal activity directed at mold, various stakeholders are developingstandards and guidelines to determine how best to identify andremediate mold issues.

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IICRC S520 (www.iicrc.org) was developed and released in2003 to establish practical procedures for remediating mold issuesand is currently being updated.

EPA (www.epa.gov) also publishes remediation guidelines. New York City Department of Health and Mental Hygiene

(www.nyc.gov) produced Guidelines on Assessment andRemediation of Fungi in Indoor Environments in 1993. NY iden-tifies five levels of contamination and states that areas of 30 sq. ftor less (Level I and II) can be remediated by regular buildingmaintenance staff who have gone through some basic training.The use of respiratory protection, gloves, and eye protection isalways recommended. Extensive contamination of over 30 sq. ft.(Level III, IV, and V) particularly if heating, ventilating, air con-ditioning (HVAC) systems or large occupied spaces are involved,should be assessed by an experienced health and safety profession-al and remediated by personnel with training and experience han-dling environmentally contaminated materials.

The construction industry organization ResponsibleSolutions to Mold Coalition (RSMC) is a good resource for get-ting some of the basic facts on mold (www.responsiblemoldsolu-tions.org).

Kahanowich warns that mold lawsuits may be limited butthat they will continue to persist. Attorneys will focus on thedefect, as well as the negligence, and will bundle the mold dam-age in with the water intrusion defect. The insurance companiesare then obligated to defend the whole case and not only a por-tion of it. Condominiums, hotels and tract housing projects aresubject to a greater degree of liability since they can be considereda mass produced product.

Whether you are a developer, architect, general contractor,installer, distributor or manufacturer you have risk with potentialmold problems. Products and methods must be specified anddetailed properly, installation products that contain anti-microbialingredients must not be misrepresented, and industry standardsmust be strictly met to avoid failures.

Controlling moisture and preventing water intrusion is thekey to avoiding mold development. If we keep moisture outsideof our wall assembly, mold cannot develop.

Donato Pompo is principal of Ceramic Tile and Stone Consultants,LLC. CTaSC a professional company of expert consultants comprised ofaccomplished ceramic tile and stone installers, construction scientists,and other industry specialists located throughout North America thatspecializes in ceramic tile and stone consulting in North America.Email: [email protected]; Website: www.CTaSC.com